Madras High CourtWP/11719/2022disposed of

P.Dhanasekaran v. The District Collector

2022-06-07Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.11719 OF 2022 AND WMP.NO.11183 OF 2022 P.Dhanasekaran ... Petitioner Vs.

1. The District Collector, Namakkal District, Namakkal.

2. The Commissioner, Hindu Religious and Charitable Endowment, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai 600 034.

3. The Assistant Commissioner, HR & CE Department, Salem.

4. The Tahsildar, Tiruchengode, Namakkal District.

5. The Village Administrative Officer, Pudupalayam Agraharam,

6. The Sub Registrar, Pallipalayam Sub Registrar Office, Pallipalayam, Komarapalayam Taluk, Tiruchengode Taluk, Namakkal District.

7. K.Palanisamy

8. A.S.Kuppusami

9. S.Kotiswaran 10.E.Masilamani 11.Papathi

12.Poosappan 13.K.Arthanari 14.Arumugam 15.M.Jeyakumara Muthu Privia Gounder 16.P.Shanmugam 17.P.Kumarasamy 18.K.Marimuthu 19.Thilagavathi 20.Velappan 21.Mallika 22.K.Shanmugam 23.C.Mohandass 24.K.Gurusamy 25.O.V.Arunachalam 26.Kolandaisamy Pandaram @ Palaniappa Pandaram 27.Arumuga Pandaram 28.Subramanian 29.Muruga Pandaram (Died) 30.Palaniappan 31.Muthusamy 32.Kolandayi Ammal 33.Nallammal 34.Duraisamy 35.Subban 36.Chellappa Gounder

37.Chinnammal 38.Rajammal 39.Selvi 40.Kalaiselvi 41.Sakunthala 42.Santhi 43.The Executive Officer, Shiva Vishnu Temple, Sankagiri.

44.A.Kumarappan (Died) 45.A.Shanmugam 46.P.Subramaniam 47.S.Pongiannan 48.S.Ramasamy 49.K.Karuppannan ... Respondents PRAYER:

This Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the 6th respondent to revoke the respective sale deeds of Respondents 7 to 42 herein and any other connected deeds against Pudupalayam Agraharam Sri Vinayakar Temple in Survey Nos. 40/1 and 40/3 and Patta No.242 at Pudupalayam Agraharam, Alampalayam Post, Tiruchengode Taluk, Namakkal District and direct the 3rd respondent to secure the Sri Vinayakar Temple situated in S.Nos.40/1 and 40/3 Pudupalayam Agraharam, Alampalayam Post, For Petitioner : Mr.S.Kolandasamy For RR1,4,5 & 6 : Mr.Yogesh Kanndasan Special Government Pleader For RR2 and 3 : Mr.Arunnatarajan Special Government Pleader (HR&CE)

Order This petition has been filed for issuance of writ of Mandamus to direct the 6th respondent to revoke the respective sale deeds of Respondents 7 to 42 herein and any other connected deeds against Pudupalayam Agraharam Sri Vinayakar Temple and direct the 3rd respondent to secure the said Temple.

2. When the matter is taken up for hearing, the learned Special Government Pleader appearing for the HR&CE Department submitted that the disputed property belongs to the Pudupalayam Agraharam Sri Vinayakar Temple and earlier Service Inam was granted in favour of the respondents 25 to 35 for the purpose of conducting poojas. However contrary to the conditions, the private respondents viz., respondents 25 to 35 had alienated the property without any authority and therefore, the HR&CE Department are taking effective steps against the said illegal act of the private respondents.

3. The learned counsel appearing for the petitioner submitted that since the learned Special Government Pleader (HR&CE) himself came before this Court and agreed to take appropriate action against the said illegal transactions of the private respondents, this Court may pass appropriate orders.

4. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents 2 and 3 to take appropriate action against the said alleged illegal act of the private respondents as expeditiously as possible in accordance with law.

5. This writ petition is accordingly disposed of. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sk To